The search continues for a missing family of four whose car was found miles from the U.S.-Mexican border in a San Ysidro parking lot. No one has heard or seen from Summer McStay mother of four year old Gianni Giuseppe and three year old Joseph Mateo since February 4th. Her kids and husband Joseph McStay had moved from San Clemente to Fallbrook and were in the process of settling in to their 4 bedroom house. The last person to talk to her was Jesi Silveria a family friend when they had a phone conversation on February 4. Two friends had attempted to communicate with the McStays on different occasions and no one responded. Joseph's brother Michael stopped by to find the house empty and contacted police on the 15th. The police found Summer and Joseph's cell phone in the house and refrigerator items left out. Family and friends hope they find them safe and soon.
Criminal Law Updates for Law Offices of William W. Bruzzo (714) 547-4636
A second Orange County Kohl's store was robbed in a period of just two days. The first Kohl's robbery occurred in Cypress where the suspects are still at large. The first robbery involved two women who stole $520.00 worth of cologne and silver jewelry. The second robbery involved a man who used a weapon to steal jewelry from the Irvine Kohl's. No gun, however, was ever recovered. Police utilized a "reverse 911 call" to warn Irvine residents to stay indoors as police searched for the suspect on the afternoon of February 25th. Two schools were also locked down. Police have now apprehended a suspect who they believe to be the one who carried out the armed robbery (Penal Code Sections 211 and 245(a) (1)). He was found walking in the courtyard of an apartment community in Irvine. No estimate of the stolen goods has yet been given.
Criminal Law Updates by William W. Bruzzo (714) 547-4636
Police investigations are keeping up with the social networking trend as they investigate gang members and gang activity. Sites like Facebook, my space, and twitter serve as a way to communicate between gang members. Some use the internet to post videos and photos sometimes showing current criminal activities that they are involved in. Music and art related to the gangs are also posted for others to see and create a presence. Through pictures, art or music gang affiliation can be linked to someone the police are investigating. By monitoring these sites officials are gathering prosecutorial evidence. Many of the comments, written posts or pictures are publicly available while the site managers cooperate with officials when presented with a subpoena.
Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4636
Kris Jones was arrested just one day before his birthday in Huntington Beach, Orange County. During his arrest $700 was taken from him, which included birthday money from his family. Huntington Beach police arrested Jones on suspicion of: selling marijuana and possession of a controlled substance with the intent to sell(Health and Safety Code Sections 11351, 11378). Jones later pleaded guilty to the charges and was sentenced to serve three years of probation in addition to 90 days in jail.
Jones has now filed a claim against the city of Huntington Beach asking for the return of the $700 which was confiscated by police on the date of his arrest. Jones will soon go before a judge who will determine whether the money will be given back or not. Money that is part of evidence of the crime is unfortunately never returned and rather-- permanently confiscated. Thus, it's in one's interest to have a criminal defense attorney prepare a written motion for the return of property and make an articulate argument in court to have a successful outcome in court.
Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4626
Police still do not have any suspects or new information surrounding the disappearance of 81 year old Robert Merle Harrod of Placentia in Orange County, California. He was last seen by his son in law on July 27, 2009. Harrod left his glasses and car at his house. Jeff Michael, Harrod's son-in-law, had been doing work around the house and left to go to Home Depot. When he returned Harrod was gone and the house was locked with the housekeeper waiting to have someone let her in. They went inside and nothing seemed out of the ordinary. Both left the home after each finished their tasks. After Harrod's daughters could not locate him by telephone they called Fontelle Harrod, their dad's new wife who was getting ready to leave Missouri to join him in Orange County. They had been married on June 29, 2009 and she was flying in on July 29. Mrs. Harrod called in a missing person's report and police have been investigating ever since. According to Harrod's doctor his patient did not suffer from dementia, police say that even if he did, someone would have recognized him from media reports. There was no sign of forced entry to the house and there has been no activity reported for any of Mr. Harrod's financial accounts. Police have looked into his new wife and his daughters as being suspects but there is no evidence that they were involved in kidnapping or killing Harrod. His wife Fontelle would have gained financially from Harrod's disappearance but she had not been added to any of his accounts yet. It is an ongoing investigation and police are treating it as a homicide as Police Chief Jim Anderson explains 'because you can't go back in time and retrieve evidence."
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Here is a report from ABC's Good Morning America which aired on August 1, 2009
The night of January 26, 2010, a 17-year-old gang member was arrested in Santa Ana, Orange County for carrying a loaded weapon. The incident occurred when police spotted the teen riding a "beach cruiser" and "acting suspicious."
When the officer tried to stop the teen, he jumped off the bike and ran. Police found him later hiding while carrying a loaded .38 caliber revolver.
California prohibits any individual from carrying a concealed firearm upon his or her person or within any vehicle under his or her control or in which he or she is an occupant. Under California Penal Code Section 12025, carrying a concealed firearm is punishable by imprisonment in the state prison, OR by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), OR by both fine and imprisonment if: (1) The firearm and ammunition are in immediate possession. Notably, a weapon that is loaded can be transported in a car if it is in a locked container like a carrying case or in the trunk of the car. It can only be carried on the person if the individual is going to or from a vehicle and the weapon must still be in a locked case.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
A woman evaded the police in Huntington Beach, Orange County on January 13, 2010 after being pulled over around 12:30 a.m. Police suspected she was on drugs and were discussing the situation, when the woman suddenly fled in her vehicle and headed south on Pacific Coast highway. The woman led the police on a chase from Huntington Beach to Laguna Beach, where she eventually crashed into a guardrail after running over spike strips police had laid out. The woman did not suffer any injuries and was taken to jail on possible charges of Vehicle Code Section 2800.1. The code section specifies that "any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer's motor vehicle, is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year if all of the following conditions exist: (1) The peace officer's motor vehicle is exhibiting at least one lighted red lamp visible from the front and the person either sees or reasonably should have seen the lamp. (2) The peace officer's motor vehicle is sounding a siren as may be reasonably necessary. (3) The peace officer's motor vehicle is distinctively marked. (4) The peace officer's motor vehicle is operated by a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, and that peace officer is wearing a distinctive uniform." Notably, this crime can also be a felony under vehicle code section 2800.2 if in addition to fleeing the police the individual drives with a wanton, willful disregard for the safety of persons or property. That crime can carry a maximum of three years even without causing any injury or property damage.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Los Angeles, Ventura, and Orange County police agencies believe that there is a group of criminals targeting shoppers of Apple stores. Once the customers go to their cars to drop off the items and continue shopping then the alleged thieves come in and break into the vehicles ( a violation of Penal Code section 459-460). A sting operation was conducted in Mission Viejo in Orange County and three men from Los Angeles were apprehended. Each is being charged with 28 counts of second-degree burglary, grand theft (Penal Code Section 487), possession of burglary tools (Penal Code Section 466)-unlawful tampering with a vehicle. An undercover officer went into the Apple store and bought a printer then took it to his car and changed parking locations in order to shop at other stores. It was not described how long the deputy was followed by the suspects before he parked at another location. According to the Orange County Register, officials noticed a pattern of break-ins during the holiday shopping season. The same type of incidents has happened in L.A. and Ventura County and officials in San Bernardino are also being informed of the trend.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
KTLA.com reports on Thieves Targeting Apple Store Customers
DUI checkpoints were determined to be legal by the United States Supreme Court; however, there are strict guidelines which must be followed. In California, many drivers do not know about these rules. For example, police must use a neutral mathematical formula, such as every driver, or every third, fifth, or tenth driver to determine who to stop. So an officer may not stop an individual driver without a legitimate basis. Furthermore, police operating DUI checkpoints may only detain each driver long enough to question him/her and look for signs of intoxication, such as alcohol on breath, slurred speech, and glassy or bloodshot eyes. If the driver does not display signs of impairment, he/she should be permitted to leave without any further delay. If the driver is ordered out of the vehicle and asked to perform a field sobriety test (i.e. walking in a straight line, touching your nose or reciting the alphabet), he/she may refuse. The officer may also ask to search the car. The driver may refuse that request as the officers do not have legal grounds to search the car. Many times, officers don't follow all the rules. In such instances, the stop may be considered illegal, and any evidence establishing the crime of driving under the influence may be thrown out. The California case controlling this area is Ingersoll v Palmer 241 Cal. Rptr. 42 (Cal. 1987).
However, if impairment is observed, then the driver may be taken to a separate area for field sobriety tests and further investigation, which must be based on probable cause.
In Orange County, the Garden Grove and Santa Ana police departments conducted DUI checkpoints from 7 p.m. Saturday to 3 a.m. on Sunday, December 13, 2009. The checkpoints were planned for Westminster Avenue near Enterprise Drive and Susan Street. Officials say there have been many fatal collisions involving drunk drivers on Westminster Avenue. The California government website reports that "early 23,000 people are killed every year in alcohol-related traffic collisions" and "one American life is lost every 22 minutes in an alcohol-related traffic collision." Officers also look for those driving without a valid license. The checkpoints focused on drivers who have been drinking alcohol, using illegal drugs or abusing prescription medications while driving.
So please be weary of DUI checkpoints when you're out on the road, as the consequences for a DUI can be very serious. This can include license suspension, high fines and possible jail time. Most importantly, don't drink excessively-live to see the holidays next year.
Here is a Garden Grove TV3 News Video which covers the Garden Grove Police Department sobriety checkpoint on October 24, 2009:
The Santa Ana Police Department(SAPD) is able to connect crimes and their perpetrators by using ballistic imaging. The equipment and training is provided by ATF, the Alcohol Tobacco Firearms and Explosive. This system compiles ballistics images of firearm cartridges linked to crime scenes. After creating a digitalized image from a gun confiscated by SAPD that image is compared to previously collected crime scene evidence. The markings on a gun cartridge are made by one specific gun, similar to a fingerprint, linking that particular gun to other incidents where matching cartridges were found. There is always the possibility that the same gun was used in various incidents but it does not mean that the same person was responsible in all cases. Low level crime circles can easily sell a gun to get quick cash or simply let others use it for a short period of time. What is possible is that whoever had it at the time of confiscation might know something about previous owners creating a chain of connection between people and eventually leading to the perpetrator of the crime. The Law Offices of William W. Bruzzo has previous experience with ballistic comparisons in criminal cases.
A man and a woman were arrested for committing a string of robberies in Santa Ana while impersonating police officers. Robbers were acting like cops. The individuals suspected are charged with robbing nearly $2,000 from five victims during four separate incidents in one month. Police are still looking for the third suspect.
During the robberies, one of the suspects was wearing a security-type uniform and carried a handgun. The other suspect wore all black clothing and a jacket that said SECURITY. Santa Ana Police Commander said, "The suspects' demeanor was that of police officers and the victims did not realize they were being robbed until the suspects fled with their money."
Robbery, a felony, may be punished by 3 to 6 years in State Prison. California Penal Code Section 211 defines robbery as the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. Fear means fear of injury to oneself or the person's family or property or to someone in one's company. The value of the property taken does not matter.
An important element for robbery to be established is force or fear. Only an experienced criminal defense attorney can present a robbery defense by demonstrating that no force or fear was used to take the property or to prevent the victim from resisting. See also Penal Code Sections 211, 212.5 and 213; Criminal Law Updates from the Law Offices of William W. Bruzzo (714) 547-4636
